ENRIQUEZ v. WILKINSON (2021)

United States Court of Appeals, Ninth Circuit.

Eduardo J. ENRIQUEZ, aka Eduardo Jobanny Enriquez, Petitioner, v. Robert M. WILKINSON, Acting Attorney General, Respondent.

No. 13-72934

Decided: March 01, 2021

Before: Kim McLane Wardlaw, Mary H. Murguia, and Eric D. Miller, Circuit Judges.

Gabriella Navarro-Busch, Ventura, California, for Petitioner. Terri J. Scadron, Assistant Director; Corey L. Farrell, Attorney; Elizabeth K. Fitzgerald-Sambou, Trial Attorney; Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C.; for Respondent.

ORDER

Respondent's unopposed motion to remand (Dkt. No. 74) is GRANTED. We REMAND this case to the Board of Immigration Appeals for reconsideration of whether Petitioner's conviction under Cal. Penal Code § 136.1(a)(2) constitutes a crime of moral turpitude. We WITHDRAW our previously filed opinion in this case, Enriquez v. Barr, 969 F.3d 1057 (9th Cir. 2020), and DENY Petitioner's petition for rehearing en banc (Dkt. No. 64) as moot.

Petitioner's order of removal is STAYED pending a new final decision by the BIA and any decision of this Court on a subsequent petition for review, should one be filed. Each party shall bear its own costs of appeal. This order constitutes the mandate of this court.

IT IS SO ORDERED.

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